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Title 33, Navigation and Navigable WatersRelease 119-110

§1368 Federal Procurement

Title 33 › CHAPTER 26 — WATER POLLUTION PREVENTION AND CONTROL › SUBCHAPTER V — GENERAL PROVISIONS › § 1368

Last updated Sep 22, 2026|Official source

Summary

Federal agencies must not make contracts for goods, materials, or services with anyone convicted under section 1319(c) if the work would be done at a facility where the violation happened and that facility is owned, leased, or run by that person. The ban stays in place until the Administrator says the problem has been fixed. The Administrator must set up a system to tell all Federal agencies about these bans. The President can exempt a contract, loan, or grant if it is needed for the nation’s highest interest, but must tell Congress when doing so. The President must also report to Congress each year on how these rules are being followed, including progress and problems. For contracts to buy commercial products or services, no extra contractor certification or special contract clause may be required to enforce these rules. The terms “commercial product” and “commercial service” mean what they mean in sections 103 and 103a of title 41.

Full Legal Text

Title 33, §1368

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)Contracts with violators prohibited
No Federal agency may enter into any contract with any person, who has been convicted of any offense under section 1319(c) of this title, for the procurement of goods, materials, and services if such contract is to be performed at any facility at which the violation which gave rise to such conviction occurred, and if such facility is owned, leased, or supervised by such person. The prohibition in the preceding sentence shall continue until the Administrator certifies that the condition giving rise to such conviction has been corrected.
(b)Notification of agencies
The Administrator shall establish procedures to provide all Federal agencies with the notification necessary for the purposes of subsection (a) of this section.
(c)Omitted
(d)Exemptions
The President may exempt any contract, loan, or grant from all or part of the provisions of this section where he determines such exemption is necessary in the paramount interest of the United States and he shall notify the Congress of such exemption.
(e)Annual report to Congress
The President shall annually report to the Congress on measures taken in compliance with the purpose and intent of this section, including, but not limited to, the progress and problems associated with such compliance.
(f)Contractor certification or contract clause in acquisition of commercial products or commercial services
(1)No certification by a contractor, and no contract clause, may be required in the case of a contract for the acquisition of commercial products or commercial services in order to implement a prohibition or requirement of this section or a prohibition or requirement issued in the implementation of this section.
(2)In paragraph (1), the terms “commercial product” and “commercial service” have the meanings given those terms in section 103 and 103a, respectively, of title 41.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Subsec. (c) of this section authorized the President to cause to be issued, not more than 180 days after October 18, 1972, an order (1) requiring each Federal agency authorized to enter into contracts or to extend Federal assistance by way of grant, loan, or contract, to effectuate the purpose and policy of this chapter, and (2) setting forth procedures, sanctions and penalties as the President determines necessary to carry out such requirement.

Amendments

2018—Subsec. (f)(1). Pub. L. 115–232, § 836(g)(5)(A), substituted “commercial products or commercial services” for “commercial items”. Subsec. (f)(2). Pub. L. 115–232, § 836(g)(5)(B), substituted “the terms ‘commercial product’ and ‘commercial service’ have the meanings given those terms in section 103 and 103a, respectively, of title 41.” for “the term ‘commercial item’ has the meaning given such term in section 103 of title 41.” 1994—Subsec. (f). Pub. L. 103–355 added subsec. (f).

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 AmendmentAmendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a

Savings Provision

, see section 836(h) of Pub. L. 115–232, set out as an

Effective Date

of 2018 Amendment;

Savings Provision

note under section 453b of Title 6, Domestic Security.

Effective Date

of 1994 AmendmentFor

Effective Date

and applicability of amendment by Pub. L. 103–355, see section 10001 of Pub. L. 103–355, set out as a note under section 8752 of Title 10, Armed Forces.

Executive Documents

Administration of Chapter With Respect to Federal Contracts, Grants, or LoansFor provisions concerning the administration of this chapter with respect to Federal contracts, grants, or loans, see Ex. Ord. No. 11738, Sept. 10, 1973, 38 F.R. 25161, set out as a note under section 7606 of Title 42, The Public Health and Welfare.

Reference

Citations & Metadata

Citation

33 U.S.C. § 1368

Title 33, Navigation and Navigable Waters

Last Updated

Sep 22, 2026

Release point: 119-110